The Magistrates' Courts (Sex Offender and Anti-social Behaviour Orders) Rules 1998

Sex offender orders

3.—(1) This rule applies to the making of an application for the variation or discharge of a sex offender order.

(2) An application to which this rule applies shall be made in writing to the magistrates' court which made the order and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

(3) Where the court considers that there are no grounds upon which it might conclude that the sex offender order should be varied or discharged, as the case may be, it may determine the application without hearing representations from the applicant for variation or discharge or any other person.

(4) Where the court considers that there are grounds upon which it might conclude that the order should be varied or discharged, as the case may be, the clerk to that magistrates' court shall, unless the application is withdrawn, issue a summons giving not less than fourteen days' notice in writing of the date, time and place appointed for the hearing of the application to the applicant for the sex offender order and the defendant, inviting them to make observations and advising them of their right to be heard at the hearing.

(5) The clerk shall send with the summons under paragraph (4) above a copy of the application for variation or discharge of the sex offender order to the recipients of that summons, apart from the applicant for variation or discharge.